FERC Discloses Exempt Off-the-Record Communication in Docket ER26-2389-000

The Federal Energy Regulatory Commission (FERC), under the Department of Energy, published a public notice on June 22, 2026, disclosing off-the-record communications recently received by the Secretary of the Commission, as required under 18 CFR 385.2201(b). The notice was filed in Docket No. RM98-1-000 and bears FR Doc No. 2026-12467.

The disclosure framework derives from Order No. 607 (64 FR 51222, September 22, 1999), which requires Commission decisional employees who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding to deliver to the Secretary either a copy of the communication, if written, or a summary of its substance if oral.

The notice reports no prohibited communications. One exempt communication was logged: a letter dated May 25, 2026, submitted by FERC Staff on June 4, 2026, in Docket No. ER26-2389-000. The letter originated from U.S. Representatives John B. Larson, Joe Courtney, Seth Moulton, Gabe Amo, Rosa L. DeLauro, Becca Balint, Maggie Goodlander, Seth Magaziner, and Chris Pappas.

According to the notice, prohibited communications are placed in a public, non-decisional file associated with — but not part of — the decisional record of the relevant proceeding, and will not be considered by the Commission in reaching its decision unless the Commission determines otherwise. Parties to a proceeding may seek an opportunity to respond to facts or contentions in a prohibited off-the-record communication and may request that it be placed in the decisional record; the Commission will grant such a request only when it determines that fairness so requires. Any person identified as having made a prohibited off-the-record communication is required to serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010.

Exempt off-the-record communications, by contrast, are included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6 and made under 18 CFR 385.2201(e)(1)(v). All filings referenced in the notice may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link, by entering the docket number — excluding the last three digits — in the docket number field. The notice was signed by Carlos D. Clay, Deputy Secretary, and dated June 16, 2026.